The Labour Court set aside the €80,000 compensation award to Dr Chalikonda V.R. Prasad after allowing an appeal by the Health Service Executive (HSE). The determination was dated 7 April 2006.
Dr Prasad worked as a consultant orthopaedic surgeon under 11 continuous fixed-term contracts from April 1998 to February 2004. He argued that the HSE breached the Protection of Employees (Fixed-Term Work) Act 2003 by ending his employment and not offering him a contract of indefinite duration. Merlin Park Regional Hospital's permanent consultant post was filled through an open competition, which Dr Prasad did not win.
The Court found that the HSE did not contravene the Act. It held that Dr Prasad did not meet section 9(1)'s criteria for a contract of indefinite duration and that non-renewal of his fixed-term contract did not breach section 6. It also found no contravention of sections 8 or 13, which were not pursued on appeal. Dr Prasad's cross-appeal sought reinstatement.